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Archive for the ‘Jurisdiction’ Category

First Circuit Explains Judgment Against File-Sharer Tannenbaum By Eric Engle  – Edited by Miriam Weiler Sony BMG Music Entertainment et al. v. Tannenbaum, Case No. 07cv11446-NG (Dist. Mass., Dec. 7, 2009) Memorandum and Order The U.S. District Court for the District of Massachusetts elaborated on its July 27 summary judgment against Joel Tannenbaum, holding that file sharing for personal use was not presumptively fair under the Fair Use doctrine.  In so holding, the court suggested that Tannenbaum could have escaped ... Read More...
Posted On Dec - 17 - 2009 Comments Off READ FULL POST
Second Patent Case in a Year Ordered Transferred from E.D. Texas By Stephanie Weiner – Edited by Jad Mills In re Hoffman-La Roche Inc., et al., No. 911 (Fed. Cir. Dec. 2, 2009) Slip Opinion On December 2, 2009, a Federal Circuit panel granted Hoffman-La Roche’s petition for a writ of mandamus ordering the District Court for the Eastern District of Texas to transfer a patent infringement suit brought by Novartis to the Eastern District of North Carolina.  The Federal ... Read More...
Posted On Dec - 7 - 2009 Comments Off READ FULL POST
Federal Circuit Affirms: Spam Patent is Obvious By Gary Pong – Edited by Jad Mills Perfect Web Technologies, Inc. v. InfoUSA, Inc., No. 2009-1105 (Fed. Cir. Dec. 2, 2009). Slip Opinion The Federal Circuit affirmed the Southern District of Florida’s decision granting summary judgment to invalidate plaintiff’s U.S. Patent No. 6,631,400 (“‘400 patent”) due to the obvious nature of the asserted claims under 35 U.S.C. § 103. The Federal Circuit held that the ‘400 patent failed the KSR test for ... Read More...
Posted On Dec - 6 - 2009 Comments Off READ FULL POST
By Eric Engle Prosecutors Drop Controversial “Cyberbullying” Case: Possible Appeal? On November 20, Wired reported that the federal prosecutors in the Lori Drew cyberbullying case did not plan to appeal Drew’s acquittal. The trial judge reversed Drew’s criminal conviction by a jury, holding that criminal penalties for violating a website’s terms of service would be unconstitutional. Although Drew won’t have to further defend against criminal charges for her alleged harassment of a teenage girl who later committed suicide, she might ... Read More...
Posted On Nov - 29 - 2009 Comments Off READ FULL POST
Federal Circuit Affirms Muscle Supplement Patent Invalid as Anticipated by Prior Art Advertisement By Ian B. Brooks – Edited by Miriam Weiler Iovate Health Sciences, Inc. v. Bio-Engineered Supplements & Nutrition, Inc., No. 2009-1018 (Fed. Cir. November 19, 2009). Slip Opinion The Federal Circuit affirmed the District Court for the Eastern District of Texas decision invalidating Iovate Health Sciences’ U.S. Patent 6,100,287 (“’287”) as anticipated under 35 U.S.C. § 102(b). The Federal Circuit held that the advertisement for Iovate’s protein ... Read More...
Posted On Nov - 28 - 2009 Comments Off READ FULL POST
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